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CA AB742

Bill

Status

Engrossed

5/12/2011

Primary Sponsor

Jim Beall

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

AB 742 Summary

  • Prohibits lead agencies from approving reclamation plans for aggregate products mining operations located within 2,000 yards of an Indian reservation boundary and within 5,000 yards of a Native American sacred site and 4,000 yards of the Santa Margarita River or a hydrologically connected aquifer, unless the nearest tribe consents to the operation.

  • Maintains existing prohibition on approving reclamation plans for metallic mineral mining (gold, silver, copper) within one mile of a Native American sacred site in areas of special concern unless excavations are backfilled to restore original contours and sufficient financial assurances are provided.

  • Defines "Native American sacred site" as areas identified by federally recognized Indian tribes or the Native American Heritage Commission as sacred due to historical, cultural, or ceremonial significance, including prayer circles, shrines, petroglyphs, and spirit breaks.

  • Defines "Area of special concern" as Class C or Class L lands in the California desert or Areas of Critical Environmental Concern designated under the California Desert Conservation Area Plan of 1980.

  • Takes effect immediately as an urgency statute to protect Native American reservations and sacred sites from imminent destruction by proposed mining operations.

Legislative Description

Surface mining: Indian reservations and Native American

Last Action

From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 23). Re-referred to Com. on RLS.

8/23/2011

Committee Referrals

Rules8/17/2011
Governmental Organization5/26/2011
Rules5/12/2011
Appropriations4/14/2011
Governmental Organization3/31/2011

Full Bill Text

No bill text available